- 1 - HC-KAR CNR: KAHC010458692026 NC: 2026:KHC:52004 MFA No. 5059 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5059 OF 2026 (MV-D) BETWEEN: 1. SRI RAMVIRESH @ SATEESH S/O MALIKHAN SINGH AGED ABOUT 52 YEARS. 2. SMT. LAKSHMI DEVI W/O. RAMVIRESH @ SATEESH AGED ABOUT 50 YEARS. 3. ASHU S/O. RAMVIRESH AGED ABOUT 23 YEARS. ALL ARE RESIDING AT NAGLA KATEEL MOJHOLA KASGANJ UTTAR PRADESH-207 244. …APPELLANTS (BY SRI K V NAIK , ADVOCATE) AND: 1. THE MANAGING DIRECTOR BENGALURU METOPOLITAN TRANSPORT CORPN. No.5TH FLOOR, K.H. ROAD SHANTHINAGAR BENGALURU-560 027. - 2 - HC-KAR CNR: KAHC010458692026 NC: 2026:KHC:52004 MFA No. 5059 of 2026 2. TML SMART CITY MOBILITY SOLUTIONS LIMITED RENAISSANCE CENTRE 24 AND 27/1 SAMPANGI RAMANAGARA KALINGA RAO ROAD, MISSION ROAD RAMANGARA, BENGALURU-560 027. (RC OWNER OF BUS BEARING REG. No.KA-51-AK-0942). 3. THE REGIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., TP CLAIMS HUB. No.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS M.G. ROAD, BENGALURU-560 001. (POLICY No.12140031230100002698 VALID FROM 19.03.2024 TO 18.03.2025. 4. TML SMART CITY MOBILITY SOLUTIONS LIMITED RENAISSANCE CENTRE 24 AND 27/1, SAMPANGI RAMANAGARA, KALINGA RAO ROAD MISSION ROAD, RAMANGARA BENGALURU-560 027. (RC OWNER OF BUS BEARING REG. No.KA-51-AK-0659) 5. THE REGIONAL MANAGER NEW INDIA ASSURANCE CO. LTD., TP CLAIMS HUB. No.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS M.G. ROAD, BENGALURU-560 001. (POLICY No. 12140031230100002629 VALID FROM 05.03.2024 TO 04.03.2025 …RESPONDENTS (BY SRI KRISHNA KISHORE, ADVOCATE FOR R3 SRI A RAVISHANKAR, ADVOCATE FOR R5 V/O DTD. 17.07.2026, NOTICE TO R1, R2 & R4 - 3 - HC-KAR CNR: KAHC010458692026 NC: 2026:KHC:52004 MFA No. 5059 of 2026 ARE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:06/04/2026 PASSED IN MVC No. 7717/2024 ON THE FILE OF THE MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL , BENALURU CITY., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded in judgment and award dated 06.04.2026 passed in MVC No.7717/2024 by the XVIII Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-4). 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.3/insurer. 3. The appellants/claimants made a claim petition praying to award compensation for the death of Anand in a Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010458692026 NC: 2026:KHC:52004 MFA No. 5059 of 2026 road traffic accident occurred on 08.08.2024 contending that the accident occurred due to rash and negligent driving of the driver of BMTC bus bearing registration No.KA-51/AK-0942. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Loss of dependency with future prospects 24,94,800/- 02. Transportation of dead body 16,500/- 03. Funeral expenses 16,500/- 04. Loss of estate 16,500/- 05. Loss of love and affection 27,500/- 06. Loss of filial consortium 1,32,000/- 07. Medical expenses -nil- Total 27,03,800/- 4. The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No.3/insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation have filed the present appeal. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010458692026 NC: 2026:KHC:52004 MFA No. 5059 of 2026 5. Heard learned counsel for the appellants and learned counsel for respondent No.3/insurer. 6. The accident occurred on 08.08.2024 and as on the date of the accident the deceased was aged 19 years. Considering the age, the Tribunal has rightly applied multiplier ‘18’. The notional income fixed for the year 2024 is Rs.17,000/- p.m. by the Karnataka State Legal Services Authority and the said income is to be taken as against Rs.16,500/- taken by the Tribunal. 7. The deceased was a Bachelor and therefore, the Tribunal has rightly deducted 50% towards his personal expenses. The Tribunal has rightly added 40% towards future prospects. In view of the above, the loss of dependency is calculated as under: Rs.17,000+40% = Rs.23,800-50% = 11,900/- Rs.11,900x12x18 = Rs.25,70,400/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010458692026 NC: 2026:KHC:52004 MFA No. 5059 of 2026 8. The claimants are not seeking any enhancement under other heads. In view of the same, the claimants are entitled to enhancement under the head ‘loss of dependency’ in a sum of Rs.75,600/- (25,70,400 – 24,94,800) with interest @ 6% per annum from the date of petition till realization. Respondent No.3/insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.75,600/- with interest at the rate of 6% per annum from the date of petition till realization. iii) Respondent No.3/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010458692026 NC: 2026:KHC:52004 MFA No. 5059 of 2026 iv) The appellants/claimants are entitled to release of enhanced compensation in the ratio of 20:60:20. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 32 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA